Military Leave for State Employees

A facts sheet for those called to Active Military Service

(Bargaining Units M/C, UUP, CSEA, PEF, PBA BU21 & BU31, GSEU)

Benefits Questions and Answers

Will my State health insurance continue while on military leave?

Your State health insurance will continue as an active employee (deductions will continue) while on paid Military Leave, and the Federal Government provides individual coverage for those on active duty. So, while you are on paid Military Leave, you will have both Federal coverage. While you are on unpaid Military Leave, you will have coverage through the Federal Government only.

Will my State health insurance continue for my dependents?

Coverage for dependents of state employees enrolled for family coverage in NYSHIP, for at least 30 days prior to activation, will be continued at no cost while on unpaid Military Leave, for a maximum period of 12 months from the date of activation, or until December 31, whichever occurs first. This means that your dependent coverage will continue as an active employee (deductions will continue) while you are on paid Military Leave, and then will continue at no cost once you are on unpaid Military Leave, until 12 months from the date of activation. Available dependent benefits include health, dental, and vision coverage as provided to active employees' families until the employee returns to State employment or is no longer on military duty, whichever occurs first.

If I have further questions regarding my benefits, who should I contact?

West Campus and HSC employees and their dependents may contact Benefits Staff member at 631-632-6180.

Military Leave Questions and Answers

Who should I contact when I get notified of military duty?

You should notify your Department Head/Supervisor immediately.

What documentation do I need to provide and to whom?

A copy of the military orders must be submitted to your department head/supervisor and attached to the first time sheet reflecting military absence.

How should my supervisor complete my time sheet?

Supervisors should indicate absences on time sheets noting "Military Leave".

How much time does the State provide for Military Leave in a calendar year?

New York Military Law provides 30 calendar days or 22 workdays of paid leave per calendar year for employees activated for military service.

Has the State provided any additional paid leave?

Yes, the State will provide an additional 30 calendar days or 22 workdays of paid leave, called "Supplemental Military Leave", for employees who receive Federal orders or are activated by the Governor for military service in connection with the emergency resulting from the September 11, 2001 tragic events. Employees shall continue to be eligible to receive Supplemental Military Leave at full pay through December 31. Beginning January 1, 2003, this will also apply to employees activated for reasons other than "initial active duty training." Please note: Regardless of the number of times an employee is activated between September 11, 2001 and December 31, an employee will be entitled to no more than one grant of Supplemental Military Leave at full pay.

Can I charge my leave accruals after I have exhausted military leave and supplemental military leave in order to continue being paid?

Yes, after exhausting Military Leave with pay (Section 242 of the Military Law), and Supplemental Military Leave with pay, eligible employees may request to use accumulated leave credits (other than Sick leave) with the prior approval of the Department Head/Supervisor, before being placed on military leave at reduced pay.

Do I earn leave accruals while on military leave?

An employee on Military Leave or Supplemental Military Leave with pay, earns and accrues leave credits, in accordance with the Attendance Rules, and is treated as an employee in full pay status.

Employees on Military Leave at reduced pay are NOT eligible to earn vacation or sick leave or holiday credits.

What is military leave at reduced pay?

Employees, who have exhausted military leave and supplemental military leave with pay, and leave accruals if they elect to use them, are deemed to be on military leave at reduced pay without charge to credits. Employees will be paid their basic annual State salary plus location pay and geographic differential as of the time of being activated, reduced by the military salary (base pay plus food and shelter allowances) received from the United States government. Military Leave at reduced pay is available to eligible employees between September 11, 2001 and December 31.

What about training leave?

Up to thirty calendar days or twenty two workdays of Training Leave at Reduced Pay are available during calendar year. An employee has one opportunity per calendar year to charge leave credits before being placed on Training Leave at Reduced Pay. This opportunity exits only when ALL of the following conditions are met: the employee has exhausted his/her total entitlement to military leave at full pay under Section 242 of the New York State Military Law in the current calendar year; in the current calendar year the employee has previously performed active military duty related to the war on terror; and the employee has NOT previously been placed on Training Leave at Reduced Pay in the current calendar year. Employees who meet all of these conditions may elect to charge leave credits (except sick leave) for military absences unrelated to the war on terror. Once they stop charging credits and use Training Leave at Reduced Pay for the first time in the calendar year, however, they are not allowed to charge leave credits for military absences to which Training Leave at Reduced Pay would apply for the remainder of the calendar year.

If I have further questions regarding my leave, who should I contact?

Time and Attendance Area of Human Resource Services (631) 632-6181. Attendance and Leave Unit at the department of Civil Service (518) 457-2295, 08:00AM to 04:00PM, Monday through Friday.